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Pennsylvania Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they take your driver's license for over 2 years for underage drinking? Section 6308.

I was underage and intoxicated, I was also just walking home. I dont see how they can take it for that long.

TERM SUSPENSION/REVOCATION

-You have a 2 YEAR(S) suspension/revocation that began(or will

begin) on 05/20/18 and will end on 05/20/20. The suspension/revocation... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Because under the old rules the statute allowed them to do that. If it was not a second offense underaged talk to an experienced PennDOT attorney about appealing it.

1 Answer | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Pennsylvania on
Q: Can they suspend your driver's license for underage drinking for 2 years, I was not in a vehicle or even close to one

I was walking home intoxicated. I wasnt even driving and they took my liscence for over 2 years.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Under the old rules they could for a second offense. They changed the statute a while back.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I was harrassment a person by telephone for 4 years my friend that works with him gave me guy number I just kept harra.

Got questions on harrassment by phone on Pennsylvania what are degree of charge I heard some are sumor offense and other is misdemeanor 3 what are degree of harassment in Pennsylvania

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 26, 2020

Can be both or neither. There are m3 harassmemts, there are summary harassments, and there are m1 stalkings. Could be any ir all of these charges. Report it to the police and let them sort it out.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Hello, I am interested in finding out more information about the ramifications on those charged w/ Terrorist threats.

Is it possible to purchase a firearm and acquire a CCL? It has been ten years since I was charged with this type of crime and I am actively looking to expunge it so I can take up my hobby of shooting and being able to protect my family again.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 23, 2020

The challenge is that you are likely prohibited by federal law from possessing a firearm. This is for two reasons, the fact that your punishment could have been for more than 1 year and secondly because it was for a crime of violence. The feds define crime of violence as "an offense that has as... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I accidentally set off an alarm at a community college, and was stopped by the police. And I'm worried.

I was doing my routine walk around the local community college, and I usually stop inside a building for water and food. And I accidentally set off an alarm because apparently the campus is on lock down for COVID-19. And I was not informed about this, so I went to the campus police. But before I... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Mar 22, 2020

Highly dountful. Unless tou left out some facts the most to be worried about would be a summary trespass violation. Summary trespass would come in the mail. You made an admission which they can use against you. If you have a clean record and there are no missing facts a citation is the most... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A felony 3 in step it intercepted of communication. Indecent expose m3 m1 corruption's of Minor 2 summary charges.

What is my gravity score in Pennsylvania

Cary B. Hall
Cary B. Hall answered on Mar 19, 2020

You're asking very specific, technical questions concerning sentencing guidelines calculations, and I'll do my best to answer based on the information you've provided. The *current* offense gravity scores are as follows for the crimes you've listed:

Criminal Use of a Communication...
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: My adult son viewed illegal content online but did not download anything. Is there a possibility of legal ramifications?

My son stumbled upon illegal content on the internet. He closed it after he realized what it was but fears he may be charged. He is worried sick and we've only found conflicting information as to whether authorities even bother with cases that do not involve posession. Does he have anything to... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 18, 2020

Yes, he could have valid concerns. By "viewing" a picture or video online, you still could be downloading content -- and authorities tracking certain illegal sites could be investigating every IP address that logs onto such file-sharing sites. You just don't know.

I would strongly...
Read more »

1 Answer | Asked in Sexual Harassment and Criminal Law for Pennsylvania on
Q: I am being stalked and harassed via the web. Lewd, lacivious, awful calls and texts. All “anonymous” from an app.

These calls and texts also being sent to my loved ones, saying horrible and awful things about me. Also trying to extort money and property from my family, specifically my mother. I know who it is but cannot prove it without the subpoena from the app Text Free. This person is also sharing personal,... Read more »

Cary B. Hall
Cary B. Hall answered on Mar 18, 2020

Initially, file a report with your local police. They should be able to get the subscriber information from Text Free, and then press charges against the individual from there.

If the individual has some assets, you can then consider filing a civil lawsuit against that person later....
Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: A friend and I may have been involved in an assault. I dont think that what we did was illegal but I want to know.

I was outside a bar with a friend waiting for a ride. Another man threatened my friend by saying "I'll break your neck before you hit the ground," after a situation escalated. He then pinned my friend (who was non-violent at the time) to a wall and my friend punched him numerous times in the... Read more »

Ellis B. Klein
Ellis B. Klein answered on Mar 8, 2020

What you did is considered an assault under the law. However, if you have a defense, such as self defense or defense of others to conduct is considered justified. That being said, the fact that you fled the scene shows what they call consciousness of guilt, and if the other party gives a statement... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: I got an underage drinking charge and was wondering if I could get my license suspended. I’m under 18 years old
Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

No - that law changed last spring (2019). No driver's license suspension for underage drinking citations any longer.

Best of luck to you.

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: Can I obtain free legal aid for my child who was assaulted

Original officers said they can’t do anything because the marks are no longer visible

Hit with a belt in head, back and neck

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Feb 23, 2020

Free legal aid to do what? Id you are going to sue the person who assaulted the child you would need to seek out civil counsel. They would be able to determine whether the case was worth any money or not. If you are looking for aomeone to charge criminally, you can ask the district attorneys... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for Pennsylvania on
Q: Can I contact the DA about an overdose death investigation that I believe is taking too long, and how?

December 31, 2018 my daughter father/ my best friend died from an overdose. No one ever contacted me, his girlfriend, or his mother during this course. I found out who was in charge of his investigation and she asked me to come, she told me alot and what she could, now a new person is in charge. I... Read more »

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Feb 18, 2020

There is a lot of information missing here to give you a good answer. Reaching out to the District Attorneys office would be a normal course of action. Keep in mind they may know nothing about the investigation but many times, depending on county, if its a drug delivery resulting in death... Read more »

2 Answers | Asked in Criminal Law for Pennsylvania on
Q: If my accusor passed away earlier this month will my case be thrown out?

I was accused of forgery from a woman that I was doing landscaping for, she recently passed away and I received a plea agreement from the state, I have not accepted it, as most officers have told me that the case will be thrown out. What are my next steps from here, will this case be thrown out?

Cary B. Hall
Cary B. Hall answered on Feb 17, 2020

Likely, but not necessarily. If she gave a statement to the police or District Attorney's Office before her death, there may be a way they can get that statement into evidence in a trial against you (as well as hearsay from her before her death as told to police officers, etc.). So you're not... Read more »

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: This is for pa.3rd.circuit state criminal court.Can a jury consider the legality of a vehicle search by police?

In other words can a jury make the determination or decision of the legality of a vehicle search by police,or is that aspect solely a matter for judge to rule on?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Feb 16, 2020

Generally, the legality of a vehicle stop/search comes up as a suppression issue. This is an effort to keep the information from the tryer of fact as it was illegally gotten (fruit of the poisonous tree). However, if there are wuestions about the stop they could impact the veracity of the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: 7 years ago at the age of 18 my friend dated a 12 yo. It was nonsexual. Can they still be charged this far away?

He has had no contact with her in 7 years until recently he went to her place of employment. Simply to shop. She put out a pfa and stated in it that they dated when he was 18 and she was 12 (I know how wrong) but he hasn't had any contact with a minor since. And as stated it was nonsexual. Can they... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2020

They won't decide because of the PFA, but he needs to consult an attorney who handles criminal cases because depending on what happened it can be an issue. He needs to get a copy of the PFA filing to begin with. He should not discuss this on social media.

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can i get a misdemeanor possession of paraphernalia expunged? I plead guilty to having a glass pipe on me in 2018.
Cary B. Hall
Cary B. Hall answered on Feb 11, 2020

It depends upon the county practice in which you pleaded guilty, and exactly how that plea was couched.

If you were accepted into your county's ARD program (short for Accelerated Rehabilitation Disposition), then satisfactory completion of that program ends with an expungement of the...
Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Pennsylvania on
Q: Can a marijuana DUI stack on previous alcohol DUI'S in PA?
Cary B. Hall
Cary B. Hall answered on Feb 10, 2020

Yes.

1 Answer | Asked in Criminal Law and Constitutional Law for Pennsylvania on
Q: I was arrested on December 20th 2018 for possession and intent to deliver I had it dismissed at the district level what

I need to know the statute of limitations on re-arrest and recharged cuz I was never tried and I have to go back to the police station to get my belongings and I'm afraid they may have re-arrest me

Cary B. Hall
Cary B. Hall answered on Feb 7, 2020

The statute of limitations for Possession with Intent to Distribute (PWID), an ungraded felony, is five (5) years. The statute of limitations for Possession of a Controlled Substance, an ungraded misdemeanor, is two (2) years. So they've got a long time to re-charge and re-arrest you if they want... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Can I go to jail for a one time harassment?

My ex girlfriend went to the police saying that I was harassing her over text. The police called me and gave me the option to cease. All contact has stopped! Am I still in the clear or how long do I know if something is going to happen?

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jan 28, 2020

Theoretically, yes. Since you don't offer anymore information, a summary can carry up to 90 days in jail.

1 Answer | Asked in Criminal Law and Child Custody for Pennsylvania on
Q: I was wrongfully charged with sexual assault against a minor.

I was incarcerated for a month and a half then I was released because my son recanted his story but while I was incarcerated they had a court date for custody for my oldest child but being as though I was not present they pushed his court date back and granted my children's cousin sole custody of... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 28, 2020

Your plate is unfortunately full of bad luck! Sorry to hear it.

Also unfortunately, you haven't posed a question -- so there's nothing for me to answer. Try again?

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